Updated 9:58 am, Friday, August 8, 2014

Kountze football player #6 Jamazdon Powell carries a flag as the team comes into the stadium. This was the first home football game in Kountze since the sign controversy started and since the Thursday hearing that determined the cheerleaders could or could not use their faith-based signs. Dave Ryan/The Enterprise

Kountze football player #6 Jamazdon Powell carries a flag as the...

Andrea Lawrence double checks her bible while working on a big sign. Kountze cheerleaders, friends and supportive parents who are standing up for their kids and their beliefs, were making signs and painting car windows Wednesday afternoon that will be seen around Kountze in support of the cheerleaders who were told they could not put scripture on their football signs. Each game this season, the Kountze cheerleaders have made Christian-themed run-through signs for the football players. The signs, which featured scripture verses, went viral and have now been stopped by the school district's leaders who were told by a group the signs were offensive and against the separation of church and state. Dave Ryan/The Enterprise

Andrea Lawrence double checks her bible while working on a big...

Cheerleader Rebekah Richardson, left, is all smiles after the announcement, as attorneys David Starnes, middle, and J. Michael Johnson of the Liberty Institute, right, address the media. Attorneys were back in the 356 District Court Thursday morning before Judge Steve Thomas. After hearing more arguments before lunch, Thomas announced after lunch that he would grant the temporary injunction till the jury trial date of June 24, 2013. The Kountze cheerleaders extended temporary restraining order was due to expire Thursday at midnight. Dave Ryan/The Enterprise
Photo: Dave Ryan

Cheerleader Rebekah Richardson, left, is all smiles after the...

The kids work on a large sign in the driveway that required some of the kids to sit on the sign to keep it from blowing in the breeze. Kountze cheerleaders, friends and supportive parents who are standing up for their kids and their beliefs, were making signs and painting car windows Wednesday afternoon that will be seen around Kountze in support of the cheerleaders who were told they could not put scripture on their football signs. Each game this season, the Kountze cheerleaders have made Christian-themed run-through signs for the football players. The signs, which featured scripture verses, went viral and have now been stopped by the school district's leaders who were told by a group the signs were offensive and against the separation of church and state. STAND ALONE (AP PHOTO/THE BEAUMONT ENTERPRISE, D. Ryan)

The kids work on a large sign in the driveway that required some of...

Andrea Lawrence double checks her bible while working on a big sign. Kountze cheerleaders, friends and supportive parents who are standing up for their kids and their beliefs, were making signs and painting car windows Wednesday afternoon that will be seen around Kountze in support of the cheerleaders who were told they could not put scripture on their football signs. Each game this season, the Kountze cheerleaders have made Christian-themed run-through signs for the football players. The signs, which featured scripture verses, went viral and have now been stopped by the school district's leaders who were told by a group the signs were offensive and against the separation of church and state. Dave Ryan/The Enterprise

Andrea Lawrence double checks her bible while working on a big...

The Kountze Lion cheerleaders were granted a restraining order which allowed them to continue displaying religious based signs at the schools athletic games.
Photo: Jay Cockrell

The Kountze Lion cheerleaders were granted a restraining order...

Kountze cheerleaders from left, Savannah Short, Macy Matthews, Kieara Moffett and Rebekah Richardson take questions from local and state media Wednesday at a Beaumont lawfirm. Hardin County's Judge Steve Thomas ruled earlier that day in favor of the girls using religious statements on banners at school functions.
Photo taken Wednesday, May 08, 2013
Guiseppe Barranco/The Enterprise
Photo: Guiseppe Barranco, STAFF PHOTOGRAPHER

Kountze cheerleaders from left, Savannah Short, Macy Matthews,...

From left to right; Rebekah Richardson, 17, Savannah Short, 14, Ashton Lawrence, 16, Kieara Moffett, 16, and Macy Matthews, 15, chat at the Richardson household on Wednesday, November, 13, 2012. The Kountze cheerleaders have grown significantly closer with everything they have worked through over the past two months.
Photo taken:
Randy Edwards/The Enterprise

From left to right; Rebekah Richardson, 17, Savannah Short, 14,...

At the end of the day, after the judge had decided on an extension for the temporary restraining order, lead attorney David Starnes talks to the media about the judges' decision. Thursday morning, 356th District Court Judge Steve Thomas heard arguments from the Kountze cheerleaders and the school district regarding use of scriptures on signs at football games. He has to decide to order a temporary injunction, allowing the cheerleaders to use their signs or not. The hearing started at 9 a.m. Dave Ryan/The Enterprise
Photo: Dave Ryan

At the end of the day, after the judge had decided on an extension...

Some of the cars in the courthouse parking lot showed support for the cheerleaders cause. Thursday morning, 356th District Court Judge Steve Thomas heard arguments from the Kountze cheerleaders and the school district regarding use of scriptures on signs at football games. He has to decide to order a temporary injunction, allowing the cheerleaders to use their signs or not. The hearing started at 9 a.m. Dave Ryan/The Enterprise
Photo: Dave Ryan

Some of the cars in the courthouse parking lot showed support for...

The kids work on a large sign in the driveway that required some of the kids to sit on the sign to keep it from blowing in the breeze. Kountze cheerleaders, friends and supportive parents who are standing up for their kids and their beliefs, were making signs and painting car windows Wednesday afternoon that will be seen around Kountze in support of the cheerleaders who were told they could not put scripture on their football signs. Each game this season, the Kountze cheerleaders have made Christian-themed run-through signs for the football players. The signs, which featured scripture verses, went viral and have now been stopped by the school district's leaders who were told by a group the signs were offensive and against the separation of church and state. STAND ALONE (AP PHOTO/THE BEAUMONT ENTERPRISE, D. Ryan)

The kids work on a large sign in the driveway that required some of...

Morgan Coplen, left, and Ashton Jennings, right, ready the sign the team will run through. This was the first home football game in Kountze since the sign controversy started and since the Thursday hearing that determined the cheerleaders could or could not use their faith-based signs. Dave Ryan/The Enterprise

At the end of the day, after the judge had decided on an extension for the temporary restraining order, lead attorney David Starnes talks to the media about the judges' decision. Thursday morning, 356th District Court Judge Steve Thomas heard arguments from the Kountze cheerleaders and the school district regarding use of scriptures on signs at football games. He has to decide to order a temporary injunction, allowing the cheerleaders to use their signs or not. The hearing started at 9 a.m. Dave Ryan/The Enterprise
Photo: Dave Ryan

At the end of the day, after the judge had decided on an extension...

At the end of the day, after the judge had decided on an extension for the temporary restraining order, Tom Brandt, attorney for Kountze ISD, gives a statement to the media. Thursday morning, 356th District Court Judge Steve Thomas heard arguments from the Kountze cheerleaders and the school district regarding use of scriptures on signs at football games. He has to decide to order a temporary injunction, allowing the cheerleaders to use their signs or not. The hearing started at 9 a.m. Dave Ryan/The Enterprise
Photo: Dave Ryan

At the end of the day, after the judge had decided on an extension...

At the end of the day, after the judge had decided on an extension for the temporary restraining order, Kountze ISD Superintendent Kevin Weldon leaves the courthouse, but is stopped by the media wanting a statement. Thursday morning, 356th District Court Judge Steve Thomas heard arguments from the Kountze cheerleaders and the school district regarding use of scriptures on signs at football games. He has to decide to order a temporary injunction, allowing the cheerleaders to use their signs or not. The hearing started at 9 a.m. Dave Ryan/The Enterprise
Photo: Dave Ryan

At the end of the day, after the judge had decided on an extension...

The cheerleaders hold the break through sign for the team at the start of the game. This was the first home football game in Kountze since the sign controversy started and since the Thursday hearing that determined the cheerleaders could or could not use their faith-based signs. Dave Ryan/The Enterprise
Photo: Dave Ryan

The cheerleaders hold the break through sign for the team at the...

From left to right; Rebekah Richardson, 17, Savannah Short, 14, Ashton Lawrence, 16, Kieara Moffett, 16, and Macy Matthews, 15, chat at the Richardson household on Wednesday, November, 13, 2012. The Kountze cheerleaders have grown significantly closer with everything they have worked through over the past two months.
Photo taken:
Randy Edwards/The Enterprise

From left to right; Rebekah Richardson, 17, Savannah Short, 14,...

After a judge granted a temporary restraining order in the Kountze cheerleader case, the cheerleaders of Kountze Middle School used their faith-based signs at the middle school football game held at Kountze High School on Thursday, September 20, 2012.
Photo taken:
Randy Edwards/The Enterprise
Photo: Randy Edwards

After a judge granted a temporary restraining order in the Kountze...

Matthew Brunson, 19, from Beaumont worships at the Wide Awake Rally supporting the Kountze High School cheerleaders who have recently been propelled into the national spotlight after the superintendent prohibited them from making religious banners for football games at the Great Lawn of the Beaumont Event Center on Wednesday, September 26, 2012.
Photo taken:
Randy Edwards/The Enterprise
Photo: Randy Edwards

At the end of the day, after the judge had decided on an extension for the temporary restraining order, Kountze ISD Superintendent Kevin Weldon leaves the courthouse, but is stopped by the media wanting a statement. Thursday morning, 356th District Court Judge Steve Thomas heard arguments from the Kountze cheerleaders and the school district regarding use of scriptures on signs at football games. He has to decide to order a temporary injunction, allowing the cheerleaders to use their signs or not. The hearing started at 9 a.m. Dave Ryan/The Enterprise
Photo: Dave Ryan

At the end of the day, after the judge had decided on an extension...

Cheerleaders Kieara Moffett, middle, and Rebekah Richardson, right, talk to the media before leaving the courthouse as Senior Counsel for the Liberty Institute, left, looks on. Attorneys were back in the 356 District Court Thursday morning before Judge Steve Thomas. After hearing more arguments, Thomas stated he will make his ruling after lunch. The Kountze cheerleaders extended temporary restraining order expires Thursday, at midnight. Dave Ryan/The Enterprise
Photo: Dave Ryan

Cheerleader Kieara Moffett, right, gives a statement to the media. Attorneys were back in the 356 District Court Thursday morning before Judge Steve Thomas. After hearing more arguments before lunch, Thomas announced after lunch that he would grant the temporary injunction till the jury trial date of June 24, 2013. The Kountze cheerleaders extended temporary restraining order was due to expire Thursday at midnight. Dave Ryan/The Enterprise
Photo: Dave Ryan

Cheerleader Kieara Moffett, right, gives a statement to the media....

Cheerleader Rebekah Richardson, gets on her phone after addressing the media. Attorneys were back in the 356 District Court Thursday morning before Judge Steve Thomas. After hearing more arguments before lunch, Thomas announced after lunch that he would grant the temporary injunction till the jury trial date of June 24, 2013. The Kountze cheerleaders extended temporary restraining order was due to expire Thursday at midnight. Dave Ryan/The Enterprise
Photo: Dave Ryan

Cheerleader Rebekah Richardson, gets on her phone after addressing...

Cheerleader Macy Matthews, center, leaves the courthouse with her mom, Coti Matthews, right, and Susan Read, left, after the judge had made his announcement. Attorneys were back in the 356 District Court Thursday morning before Judge Steve Thomas. After hearing more arguments before lunch, Thomas announced after lunch that he would grant the temporary injunction till the jury trial date of June 24, 2013. The Kountze cheerleaders extended temporary restraining order was due to expire Thursday at midnight. Dave Ryan/The Enterprise
Photo: Dave Ryan

Cheerleader Macy Matthews, center, leaves the courthouse with her...

Cheerleaders Kieara Moffett, left, and Rebekah Richardson, middle, talk to attorney David Starnes, right, leaving the courthouse. Attorneys were back in the 356 District Court Thursday morning before Judge Steve Thomas. After hearing more arguments, Thomas stated he will make his ruling after lunch. The Kountze cheerleaders extended temporary restraining order expires Thursday, at midnight. Dave Ryan/The Enterprise
Photo: Dave Ryan

Cheerleaders Kieara Moffett, left, and Rebekah Richardson, middle,...

Kountze Cheerleaders 2012
Photo: Submission

Kountze Cheerleaders 2012

Patrons worship at the Wide Awake Rally supporting the Kountze High School cheerleaders who have recently been propelled into the national spotlight after the superintendent prohibited them from making religious banners for football games at the Great Lawn of the Beaumont Event Center on Wednesday, September 26, 2012.
Photo taken:
Randy Edwards/The Enterprise
Photo: Randy Edwards

Patrons gather at the Wide Awake Rally supporting the Kountze High School cheerleaders who have recently been propelled into the national spotlight after the superintendent prohibited them from making religious banners for football games at the Great Lawn of the Beaumont Event Center on Wednesday, September 26, 2012.
Photo taken:
Randy Edwards/The Enterprise
Photo: Randy Edwards

Patrons gather at the Wide Awake Rally supporting the Kountze High...

After a judge granted a temporary restraining order in the Kountze cheerleader case, the cheerleaders of Kountze Middle School used their faith-based signs at the middle school football game held at Kountze High School on Thursday, September 20, 2012.
Photo taken:
Randy Edwards/The Enterprise
Photo: Randy Edwards

Even though Kountze ISD officials no longer prohibit student banners containing religious messages, an attorney representing some of the district's cheerleaders filed a petition on Wednesday with the Texas Supreme Court to keep the district from changing its mind later.

Kountze ISD officials said in May that the district permits cheerleaders to include a wide variety of appropriate messages, including Scripture quotations, on the banners that players run through onto the field before football games.

The Ninth Court of Appeals found that the district's current policy, which took effect in April 2013, made court action unnecessary. The court cited several cases to justify its May determination that the case is moot.

Beaumont attorney David Starnes, who has represented the cheerleaders since the school district first tried to ban the signs at the start of the 2012 football season, said the issue of whether the banners are private student speech or government speech remains unresolved. That is why in May he filed an appeal of the Ninth Court's ruling. Without that determination, the district could attempt to restrict banners in the future, he said at the time.

Even though Starnes has filed a petition with the state's supreme court, it doesn't ensure the court will hear the case.

Beaumont attorney Cade Bernsen told The Enterprise in May that the cheerleaders would have to get at least one state Supreme Court justice to express interest in hearing the case.

"Very, very few cases get heard by the Supreme Court," said Bernsen in the May interview.

In its May ruling, the Ninth Court of Appeals said, "While theoretically, the Board of Trustees for the school could repeal its new policy and reinstate (the) ban, we find that unlikely given the effort, time and careful planning that went into the creation of the school's new policy."